Contra Costa County Super. Ct. No. 05-0911214
The opinion of the court was delivered by: Kline, P.J.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Appellant Doin Sheridan Winters appeals from a judgment and sentence entered on his plea of no contest to two counts of failure to register in violation of the Sex Offender Registration Act. (Pen. Code, §§ 290, subd. (a)(1)(D), 290.012, subd. (a).)*fn1 His court-appointed attorney has filed a brief raising no issues and asking this court to conduct an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
As our review discloses no arguable issue, we shall affirm the judgment and sentence.
On July 29, 2009, appellant was charged with two counts of failing to annually register, as required by the provisions of the Penal Code just cited. On January 11, 2010, appellant pled no contest to these charges and the court subsequently sentenced him to 365 days in county jail with credit for 83 days actually served, and two years of supervised probation. Appellant was permitted to serve the unserved jail time on electronic home detention under supervision of the county Custody Alternative Bureau. The court imposed a $400 restitution fine, which it suspended; ordered him to pay a court security fee of $30 for each conviction; a court administration fee of $60; probation costs not exceeding $50 per month; and a $350 attorney fee. Appellant was also required to submit to drug and alcohol testing and to pay related costs not to exceed $10.
On January 21, 2010, appellant requested a certificate of probable cause, which was granted on March 10. On March 12, 2010, appellant filed a timely notice of appeal.
Appellant entered his plea after signing a written waiver of rights. That document and the transcript of the hearing at which appellant entered his plea establishes that he understood the nature of both the charges against him and the constitutional rights he was giving up. We are satisfied that his waiver of those rights and his subsequent admissions were made freely, knowingly and voluntarily. Appellant was at all times represented by competent counsel who protected his rights and interests. The sentence imposed is authorized by law.
The only other issue presented by the record warranting our attention is that raised by appellant in his request for the certificate of probable cause he was granted.
Section 290 provides that persons convicted of specified offenses, including those of which appellant was convicted, shall be required to register with the chief of police or other specified law enforcement officers in the jurisdictions in which they reside "within five working days of coming into, or changing his or her residence . . . ." (§ 290, subd. (a)(1)(D).) Section 290.012, subdivision (a), which relates to transient persons, provides that "[b]eginning on his or her first birthday following registration or change of address, the person shall be required to register annually, within five working days of his or her birthday, to update his or her registration with the entities described in subdivision (b) of Section 290. At the annual update, the person shall provide current information as required on the Department of Justice annual update form, including the information described in paragraphs (1) to (3), inclusive of subdivision (a) of Section 290.015. The registering agency shall give the registrant a copy of the registration requirements from the Department of Justice form."
In the request for a certificate of probable cause she prepared and submitted to the court in appellant's behalf, defense counsel stated: "Mr. Winters was convicted of two counts of failing to annually update his registration, though he had not relocated. Mr. Winters believes that this retroactive application of the law is a violation of his Constitutional rights. [¶] There are two reasons [the] court should grant a certificate of probable cause in this case. First, defense counsel has not found a case directly on point regarding the retroactivity on annual registration when a person was only required to register upon relocation. In addition, federal courts have recently ruled that Proposition 83 (commonly known as 'Jessica's Law'), which was enacted in November 2006, cannot apply retroactively. This law added GPS monitoring and residency restrictions for Penal Code section 290 registrants. Mr. Winters argues that this recent development calls into question ...